The Difference Between Special Damages vs General Damages Explained

If you are dealing with a personal injury claim, you need to know the types of compensation available. General damages vs special damages are some of the most frequently asked questions we receive at The Barnes Firm. These categories are crucial in assessing the financial and emotional toll of an injury, as they address different consequences that may arise from an accident.

Understanding these damages may also help one through the different stages of litigation. Special damages compensate for tangible financial losses, while general damages compensate for intangible suffering and decreased quality of life. Understanding how these damages are reviewed can make all the difference in how a case proceeds.

The Main Differences Between Special and General Damages

Special damages and general damages are the two types of damages under personal injury law. Effective claim processing depends on knowing these distinctions. Whereas general damages cover the non-monetary effects, including pain and suffering, special damages relate to measurable financial losses causally related to the injury.

The legal experts and insurance adjusters analyze all these losses with great accuracy to guarantee fair compensation of the victim. A well-conceived claim will list all kinds of harm, thereby demonstrating the effect on the financial stability and quality of life of the victim.

Special Damages

Special damages refer to specific monetary losses incurred due to an injury. These are tangible expenses that can be itemized and proven with receipts or invoices.

Examples of this would include medical expenses, lost wages, and property damage. If you require surgery, continued therapy, or need to repair your vehicle after some kind of accident, those costs would be special damages. According to Cornell Law School, these damages serve to compensate for the exact amount of money one has lost.

One of the features of special damages is that each case is different. Two people who have sustained injuries of a similar type may have different financial losses depending on a variety of factors, including medical treatment, employment, and changes that might be made to their lifestyles. A person who works a physically demanding job and sustains a fractured leg may lose more income than a person in a sedentary position who can continue working via remote access.

General Damages

General damages, on the other hand, compensate for non-monetary aspects of the harm suffered. These are subjective and don’t come with bills or receipts. Pain and suffering, emotional distress, and loss of enjoyment of life are common examples. If an injury prevents you from engaging in activities you once enjoyed or if it leads to long-term psychological trauma, general damages account for those losses. According to the Legal Dictionary, calculating these damages can be complex, as it involves assessing the impact of the injury on your quality of life.

Unlike special damages, general damages rely on testimony, medical records, and expert opinions. Lawyers often use past cases as a reference to determine a fair amount, and insurance companies may contest these claims, leading to negotiations or litigation.

Examples of Special and General Damages

Imagine you’re involved in a car accident caused by another driver’s negligence. You incur medical bills for treatment, miss work due to your injuries, and your car requires extensive repairs. These are special damages because they represent direct financial losses. However, if you experience ongoing pain, emotional distress, or a reduced ability to participate in daily activities, those are general damages as they affect your well-being rather than your bank account.

Additional examples of special damages include:

• Prescription medication costs.
• Travel expenses for medical appointments.
• Home modifications for accessibility, such as wheelchair ramps.

Examples of general damages include:

• Chronic physical pain.
• Post-traumatic stress disorder (PTSD) following an accident.
• Damage to personal relationships due to emotional strain.

How Damages Are Calculated

Determining the value of special damages is relatively straightforward since it involves adding up all documented expenses and financial losses. Courts and insurance adjusters rely on invoices, receipts, and employment records to determine a fair amount.

Calculating general damages is a bit tricky. The courts look at the severity of the injury, how it affects everyday life, and the period that a person has already suffered. A number of calculators are available; one is by using the “multiplier,” where the total special damages amount is multiplied by a multiplier-usually between 1.5 and 5-in order to estimate the general damages; in the cases of serious injury that leaves a victim with some long-term disability or serious emotional trauma, higher multipliers are usually applied.

Other Types of Damages in Personal Injury Cases

Apart from special and general damages, other heads of damages that may be considered in personal injury cases include punitive damages, which may be awarded for heinous misconduct and are intended to punish the defendant and generally deter others from similar conduct. Punitive damages are awarded only when there is clear evidence of gross negligence or actual malice on the part of the wrongdoer. Nominal damages are usually granted in the instance where the right was indeed violated, but little to no real injury occurred.

Where appropriate, future damages are also considered. These include the cost of medical treatment in the future, the ability to earn money in the future, and the future pain and suffering. Where any injury leaves a person with some sort of permanent disability, then a victim has to depend on monetary support for years or even all of their life.

The courts use expert testimony and economic projections regarding the total extent of such damages, adjusted for inflation and the changing needs of the injured party. Compensatory damages may extend beyond immediate harm to include future medical expenses, psychological therapy, and adaptive equipment required for rehabilitation. Some victims require home healthcare services, vocational retraining, or modification to their living environment to accommodate disabilities.

Get Help from a Personal Injury Lawyer

It is tough to navigate a personal injury claim. At The Barnes Firm, our team of attorneys are here to help you get the best result possible for your personal injury claim.

Call us today at (800) 800-0000 for a free consultation.

Richard Barnes – President of The Barnes Firm

Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”

Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes